NSS DECON RFP-693JF719R000021 Questions Comments -11212019.pdf

Draft RFP‐ 693JF719R000021 NSS DECON‐LT ‐ Questions/Comments The responses provided here are informational, only, and do not in any way commit the Government.

Interested parties are responsible for thoroughly reading and responding to the official RFP, once issued at Beta.Sam.Org.” It is anticipated that the official RFP will be issued within the next 30 – 60 days.

11/21/2019

Question Draft RFP Draft RFP Paragraph # Title Topic of Question/Comment Draft RFP Question/Comment MARAD Response 1 Section B Table 2 Hazardous Waste Page 1‐13 Please clarify that the cost of remediation/removal of non‐radiological hazardous waste to facilitate decommissioning activities (i.e. interferences, cut‐line abatement) should be included in the bid and please clarify where you would like to see the cost.

On Page 11, under Instructions for the pricing of CLIN 0006 , it states that "The price for this CLIN shall also covers all...services required to support decommissioning."

Referencing same statement, "services required to support decommissioning" may include the cost of remediation/removal of non‐radiological waste to facilitate decommissioning activities. Section B of the official RFP that will be posted on Beta.Sam.Org will reflect same.

2 Section B Table 2 CLIN 0007 Page 2 Please clarify the scope of CLIN 0007 vs. CLIN 0006. Also clarify why there is no radiological waste transportation, treatment or disposal in CLIN 0007. Does CLIN 0008 include radiological waste transportation, treatment and disposal for activities in both CLIN 0006 and CLIN 0007?

CLIN 0006 includes personnel and associated materials and supplies not included under CLINs 0001‐0005 that are required for the performance of decommissioning, and removal & packaging of LLRW. If LLRW "treatement" is anticipated to be required, the cost for same should be included under CLIN 0006. CLIN 0007 includes all activities to support industrial dismantlement and license termination activities as specified in the SOW. CLIN 0008 includes costs associated with performing the direct work and expenses to transport and bury (e.g. ‐ disposal of) LLRW equipment and components regardless of when the waste was generated during the period of performance. Section B Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of same.

3 Section B B.2 Table 2 Approach/pricing Page 3‐6 As currently worded, it is not completely clear what scope is specifically to be included in CLIN 0006 vs. CLIN 0007. There appears to be some overlap and ambiguity.

Please provide additional details to ensure consistency across bids. In addition, it is not clear if and where costs for hazardous material transportation, treatment and disposal should be included (CLIN 0006, 0007 and/or 0008). Please clarify.

CLIN 0006 includes personnel and associated materials and supplies not included under CLINs 0001‐0005 that are required for the performance of decommissioning, and removal & packaging of LLRW. If LLRW "treatment" is anticipated to be required, the cost for same should be included under CLIN 0008. CLIN 0007 includes all activities to support industrial dismantlement and license termination activities as specified in the SOW. CLIN 0008 includes costs associated with performing the direct work and expenses to transport and bury (e.g. ‐ disposal of) LLRW equipment and components regardless of when the waste was generated during the period of performance. Section B CLIN Descriptions, Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of same

4 Section B Table 2 CLIN 9 Tasking/Level of Effort Page 6‐7 and

Section B, Table 2: CLIN 0009 – What does MARAD want the bidders to propose for CLIN 0009? Since there is no specified task nor level‐of‐effort, how can a bidder propose a price for this CLIN. We recommend that MARAD provides a table of various labor categories for which the bidders should provide hourly rates and nothing more than the labor rate table since the scope for CLIN 0009 is yet to be determined/has not been defined.

CLIN 0009 includes labor categories/unit rates for specialized personnel who provide part time (or case‐by‐case basis) support for contract activities. It is anticipated that the Offeror will propose those specialized personnel required to complete the SOW and all other requirements of the contract. For example, this may include Nuclear Safety and Security; Nuclear Quality Assurance and Control; Alarm and Controls Systems; Hazardous Materials Management, Abatement and Remediation; Nuclear Engineering; Industrial Processes; Nuclear Decommissioning and Decontamination;

Naval Architecture and/or Electrical/Structural/Marine Engineering. Section B Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of same.

5 Section B and Section L

B.3 Sub‐Components of Contract CLINs and L.11 Volume V ‐‐ Price

Cost Volume Proposal Preparation Instructions

Page 7‐12 and Page 129

There do not appear to be detailed Section L requirements or spreadsheets attached to Section L for completion for the Volume V Price? However, there appear to be what looks like proposal preparation instructions for the Volume V Price in Section B.3. Please clarify that Offeror's are to use the instructions and tables provided in B.3 to develop the Volume V Price? Please add a line stating such in Section L.11 if this is correct.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

6 Section B B.3 Table/text for CLINs 0001‐0005 and 0006

Approach/pricing ‐ Other Direct Costs

Page 9‐11 Please provide the list of ODCs that MARAD would like included for CLINs 0001‐0006 so that all bidders consistently include ODCs in their proposals.

Section B Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of

7 Section B Instructions for Pricing CLINs Credentialed Mariners Requirement

Page 9 Section B, Page 9 states, “If the maintenance staff is composed of credentialed merchant mariners, provide a blended day rate that anticipates any scheduled pay increase under the terms of the governing collective bargaining agreement(s) that occurs during the contract period of performance. Separately provide a narrative breakdown of the composition and qualifications of the staff; and an explanation of the composition of the staff as either credentialed merchant mariners or qualified others.” This implies that the maintenance staff may or may not be credentialed mariners. This statement is in conflict with Section C.3.3.3 that states that maintenance staff must be credentialed mariners. Please clarify.

The requirement should reflect that the maintenance staff must be credentialed mariners. Section B, Page 9 states will be modified to reflect same.

8 Section B B.3 Table/text for CLIN 6 Approach/pricing Page 10‐11 Please provide the list of ODCs that MARAD would like included for this CLIN so that all bidders consistently include ODCs in their proposals.

Section B Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of

9 Section B B.3 SUB‐COMPONENT OF THE CONTRACT CLINs

TSIM Decommissioning Support (CLIN 0006)

Pages 10‐12 The CLIN includes "TSIM Decommissioning Personnel", but does not provide a line item in the table for pricing.

Please reconcile.

Section B Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of

10 Section B B.3 Table/text for CLINs 7‐9 Approach/pricing Page 11‐12 CLINS 0007‐0009 do not require Offerors to provide a list of ODCs. Is that MARAD's intent? No. Section B Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification f11 Section B B.3 Waste Disposal (CLIN 0008) Waste Page 12 "This CLIN includes costs associated with performing the direct work and expenses to transport and bury LLRW equipment and components." Some LLRW may need to be processed or liquids may have alternate disposal methods (incineration/evaporation). Please reword requirement to state "transport, treatment and disposal of

LLRW.

If LLRW "treatment" is anticipated to be required, the cost for same should be included under CLIN 0008. Section B CLIN Descriptions, Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification

12 Section B Labor for CLIN 0009 Page 12 Section B, Page 12 T&M – Labor (CLIN 0009) – This CLIN specifically states “Labor”, but the instructions also discuss estimated amount of materials necessary for contract activities. Please clarify this section. If anything more than a list of labor rates is to provided, we recommend that MARAD provide a list of Labor and Material to be priced/estimated by bidders.

A list of labor rates is anticipated to be provided. CLIN 0006 includes"...associated materials and supplies not included under CLINs 0001‐0005 that are required for the performance of decommissioning..." Section B CLIN Descriptions, Tables and/or Instructions of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of same.

13 Section C C‐6 Administrative Requirements Page 51 Please clarify that there will be no restrictions on days/hours worked during active decommissioning on NSS and that Contractors on fixed price CLINs can work the schedule necessary to best accomplish the work.

It is anticipated that the Offeror will provide a standard and a time‐phased organizational chart for the prime contractor and any subcontractors or teaming arrangements as well as a comprehensive Integrated Master Schedule (IMS) for the contract. For any specific Offeror, although there may not be any restrictions or limitations on max days/hours worked during active decommissioning as per company policy, other legal restrictions or limitations may exist. For example, if the maintenance staff is composed of credentialed merchant mariners, governing collective bargaining agreement(s) may limit days/hours that can be worked. On Page 75 under H.9 COMPLIANCE WITH REGULATIONS, it states that the "Contractor shall comply with laws, rules, regulations and requirements of any regulatory and non‐regulatory authorities that are applicable and effective at the time of the execution of this Contract or that shall become effective during the period of performance of this Contract."

14 Section L Mandatory Eligibility Requirements Eligibility Requirements Pages 122 &

The Eligibility Requirements on P122 mention both work at a NRC commercially licensed power reactor and at a NRC licensed site. The Past Performance Questionnaire only refers to planning or work execution on a NRC commercially‐licensed power reactor. Would MARAD consider also including decommissioning work on a NRC licensed site. This would make the Past Performance criteria similar to the Eligibility Requirements and reflect the necessary experience needed for performing the work.

Mandatory Eligibility requirements and instructions will be finalized with the final RFP posted to Beta.Sam.Org.

15 Section B TSIM Decommissioning Support (CLIN 0006)

Fixed Price Contract/ CLINs 0006 & 0007 and Work Control

Page 9 Under a Fixed Price contract, the Contractor must have control of its work processes and methods to execute the work related to demolition, decontamination and removal to support the License Termination process. In order for Offerors to accurately develop project schedules and create a credible fixed price cost estimate for CLINs 0006 and 0007, it is necessary that the Contractor be able to plan and execute the schedule in accordance to the Contractor plan. If the FFP structure is to be maintained, Contractors should be free to accomplish the deliverables, tailor the procedures, and determine means and methods without interference from the government so long as the contactor's actions comply with applicable regulations. This follows commercial practices for nuclear decommissioning. Once the fixed price is established for the decommissioning work, the Contractor is responsible for work methods, sequencing and execution (the how the work gets done). Please add GFS&I items for MARAD approval of work control documents and work packages that specify a 5 working day response time requirement for MARAD to review, and provide comment and approve these documents.

Please also add a statement that "In the interest of cost and schedule efficiency, that MARAD commits to only interrupt or recommend changes to approved work plans for compliance violations or safety‐related reasons."

If the Government desires to routinely direct or change/modify the work plans, then a Cost Plus Fee type of contract would seem more appropriate for CLINs 0006 and 0007

The Contractor cannot tailor the procedures and determine means and methods "without interference from the government" without compromising the government's essential function as the licensee. The Contractor must work within the STS procedures program at the outset, and use the methods in that program to "tailor procedures" and "determine means and methods" for performance. MARAD does not desire to routinely direct or change work plans, but does reasonably expect to be involved in the planning that produces work controlling documents prior to their execution. See STS‐002‐011 Work Control Process. However, MARAD will further review these recommendations. Any changes made to Section B will be reflected in the official RFP that will be posted on Beta.Sam.Org.

16 Section C C‐2.1.1.1. Nuclear Quality Assurance DQAP Page 15 This section states that "MARAD applied DQAP requirements to non‐safety related SSCs at its discretion". The cost of applying these requirements to systems that are non‐safety related is expensive and not necessary. The contractor must understand upfront which SSCs will be considered "Quality" under the DQAP to adequately price the dismantlement and packaging of such SSCs. Is it MARADs intention to change and apply these requirements during decommissioning and if so, how will the contractor be compensated for additional work related to reclassifying SSCs?

The sentence conveys the information that MARAD extended equivalent consideration to marine‐related "SSCs" when it determined (in 2008) to treat the entire vessel in a homogenous manner. Such marine SSCs are already listed in the QCL, and MARAD does not anticipate changing the designations during decommissioning.

17 Section C C‐2.1.1.2 Procedures Program Changes in Procedures and Equitable Adjustment

Pages 15‐16 The RFP in C‐2.1.1.2. Procedures Program states: “New and revised procedures shall not be grounds for equitable adjustment.” Maintaining control of procedures while not allowing for REAs for changes in incongruous with a firm fixed price contract. Please delete this wording. It is understood that the contractor will manage the STS procedures and that procedures will require modifications to support decommissioning. Please include language to state that: "New or revised procedures required by MARAD will be grounds for equitable adjustment." If the Contractor itself directs or changes a procedure than that is not grounds for adjustment, but if MARAD directs a change in procedure or a new procedure than that should be grounds for an adjustment.

Concur. Section C‐2.1.1.2 povides six (6) instances for revising or adding procedures. Only the last one ‐ as required by MARAD ‐ should be construed as a basis for an Request for Equitable Adjustment (REA). The quoted sentence will be revised to suit.

18 Section C C‐2.1.1.5‐ Physical Security & Fire Protection

Physical Security & Fire Protection

Page 17 Section C‐2.1.1.5 Physical Security and Fire Protection. This section indicates that MARAD and the contractor share responsibility for this SOW. Please explain roles and responsibilities of each party.

Concur. Section C of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of same.

19 Section C C‐2.1.1.10.3/ C‐2.1.1.7.2.‐ Consumable and Expendable Equipment, Material and Supplies

PPE Page 25 Personal Protective Equipment both contain requirements for stocking of PPE. Is this a duplication for PPE? No. The first citation is the detailed requirement; the second establishes PPE as a subset of the consumables & expendables. The sections complimentary, not duplicative.

20 Section C C‐3.3.3.‐Maintenance Staff Credentials of maintenance staff

Page 40 The second paragraph indicates that the maintenance staff “…shall be composed of credentialed U.S. Merchant Marine licensed and unlicensed personnel.” The third paragraph indicates that “satisfactory current or former comparable employment at nuclear facilities (laboratories, production facilities, or power/research & test reactors), either commercial or government” is allowed for maintenance staff personnel. Do Maintenance Staff personnel have to meet the criteria in both paragraph 2 and 3 or either one of them? Please clarify.

The maintenance staff must meet paragraph 2. The 3rd paragraph describes additional experience that "should" or "may" be considered when selecting credentialed merchant mariners for the maintenance staff.

21 Section C C‐2.1.1.8.3. HAZARDOUS AND

RADIOLOGICAL MATERIALS

MANAGEMENT

Hazardous Materials Page 21 The RFP states that: "Fixed hazardous materials are present onboard the NSS in the form of coatings, insulation, and non‐structural members (principally joiner bulkheads and ceilings). Fixed hazardous materials include paint containing chromates, PCBs and asbestos (other materials may also be present). Such materials are anticipated to be left undisturbed for the performance of this contract, except when repairs, modifications or upgrades to spaces containing these materials are contemplated. When or if required, remediation or removal of these materials shall be carried out in full compliance with all applicable laws and regulations." Please clarify if Offerors should include costs for these hazardous materials and in which CLIN Offerors should include costs for hazardous material/waste transportation, treatment and disposal. In addition, to avoid disparity in offeror bids due to unknowns associated with quantities of hazardous materials requiring removal, we recommend MARAD provide an assumption on the type, volume and quantity of hazardous materials to be removed for each applicable CLIN. This will enable a fair comparison across bids.

On Page 11, under Instructions for the pricing of CLIN 0006, it states that "The price for this CLIN shall also cover all...services required to support decommissioning."

Referencing same statement, "services required to support decommissioning" may include the cost of remediation/removal of non‐radiological waste to facilitate decommissioning activities. During Phases 2 and 3, it is not anticipated that any construction or demolition that would affect these materials in spaces outside the RC/CV would be performed. If it were determined to be required after start of contract, the costs for such event(s) shall be addressed as a change order(s). Section B and C of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of same.

22 Section C C‐2.1.1.8.2 Discharges Page 21 This section states that guidance on discharges shall be provided by MARAD post contract award. This appears to be a bit risky for the contractor if there are costly methods to manage these discharges.

Concur. Section C of the official RFP that will be posted on Beta.Sam.Org will reflect clarification of same.

23 Section C C‐2.4 Change Order List in Ship Husbandry

Pages 32‐33 The RFP addresses this: required and authorized by MARAD via a fixed price change order, the Contractor shall provide for various services, including the following:

• Corrective Maintenance, Repair, Drydocking and Remediation;

• In‐Situ Underwater Hull Cleaning and Inspection;

• Classification and Other Third‐Party Surveys and Inspections (excluding NRC);

• Towing and Pilotage;

• Hotel services not provided by the layberth contractor or in excess of layberth contract requirements;

• Vessel Movements;

• Heavy Weather and Emergency Response;

• Temporary Layberthing; and,

• Marine specifications and cost estimates for the above." This will result in a significant amount of change orders increasing the administration costs for MARAD and the Contractor. Since we know these items cannot be priced at this time, a Time and Materials CLIN may be more appropriate and result in cost savings to MARAD. Rather than planning for multiple change orders, please consider including these items as part of a separate Time and Materials CLIN.

MARAD is reviewing these recommendations. Any changes made to Section C will be reflected in the official RFP that will be posted on Beta.Sam.Org.

24 Section C C‐7.2.1 Decommissioning Project Phase II Industrial Dismantlement

Pages 55‐56 Since Fixed Pricing has been requested by MARAD and will already be provided by Offerors with their proposals for industrial dismantlement for items listed on pages 55‐56, what is the purpose of the cost benefit analysis referenced in the RFP. Please describe the requirements for this analysis and what the objective is since the fixed price has already been established at contract award?

MARAD is reviewing this list of equipment as it relates to the NSS's National Historic Landmark status as stated in Section C‐

1.1. Anticipated changes to be made will be reflected in the

official RFP that will be posted on Beta.Sam.Org.

25 Section C C‐7.2.1.3. Major Activities Sequence Control Rod Drive Tower End State

Page 57 The RFP states: "Control Rod Drive tower shall be separated from the Reactor Vessel Head and landed in the material handling area for initial survey and decontamination. The tower shall be relocated to temporary storage on the ship’s main deck or on a cargo hold hatch cover after survey and decontamination are complete." It is our understanding that the buffer seal water system was contaminated as the primary systems; however, the RFP appears to assume that the control rod drive mechanism can be decontaminated and seems to require that they will remain. What is the process to recommend disposal if during execution, it becomes evident that it is impossible or extremely costly to decontaminate?

MARAD is reviewing this list of equipment as it relates to the NSS's National Historic Landmark status as stated in Section C‐

1.1. Anticipated changes to be made will be reflected in the

official RFP that will be posted on Beta.Sam.Org.

26 Section C C‐7.2.1.2 and C‐7.2.2.1 ‐ Initial Planning and Mobilization; and LTP/Application for License Termination

Schedule/pricing Page 57 and

There is a conflict between these sections for LTP: C‐7.2.1.2. states within six months of contract award develop draft LTP, C‐7.2.2.1 states draft LTP must be completed within 21 months of contract award. Please change C‐

7.2.1.2 to be worded to be an "initial draft" of the LTP that may not include detailed technical data which would take longer to generate and would not be required until the draft at 21 months.

Concur with recommendation to clarify Section 7.2.1.2. The twenty‐one (21) month "draft" cited in Section C‐7.2.2.1 shall be the document for submittal to NRC. Section C of the official RFP that will be posted on FBO will reflect clarification of same.

27 Section H H.3 Ordering Page 67 The Section H.3 Ordering section seems inconsistent with the MARAD requested Firm Fixed Price for CLINs 0001‐ 0008. If we bid a Firm Fixed Price for a CLIN than that establishes the contract value for the scope in that CLIN.

But the H.3 clause implies that this is a task order contract where we will establish pricing on a task by task basis.

Please confirm that the Ordering in H.3 only applies to additional Time and Materials Tasks under CLIN 0009.

The Ordering in H.3 only applies to additional Time and Materials Tasks under CLIN 0009.

28 Section H H.3 Ordering Payment Terms and Milestone Payments

Page 67 The current version of the RFP does not include information on how, on what schedule, and on what basis payment or interim payment will be made for each CLIN. We recommend that CLINs 0001‐0005 be paid on a monthly basis in equal installments that are 1/12th the amount of the price for the respective CLIN. We recommend that MARAD request that Offeror's propose payment milestones and schedule for CLINs 0006‐0008.

For CLIN 0009 (Time and Material), we recommend a standard monthly invoicing of incurred cost for CLIN 0009.

Please amend the RFP to address payment terms and milestones payments.

MARAD is reviewing these recommendations. Changes made to payment terms and milestone payments will be reflected in the official RFP that will be posted on Beta.Sam.Org.

29 Section H H‐5.2.2 Insurance Requirements for the Subcontractors

Maritime Employer's Liability Page 68 Please specify in the RFP that Maritime Employer's Liability is only required for Subcontractors with maritime‐ related scope and employees. Subcontractors who will not be employing maritime workers should not be bound to this coverage.

To the extent work is being performed by the contractor or subcontractor when the vessel is in the water, there could be maritime liabilities, which require proper coverage.

30 H.8 TECHNICAL DATA LIABILITY Cost Page 74 H.8 (a) states: "The Contractor shall be strictly liable for the professional quality and the accuracy of the Radiological Characterization Data, vessel drawing(s), specifications, and technical information, which is produced or modified during the performance of the requirements of this Contract." If the Contractor is required to update the as‐built drawings following decommissioning, then please make it clear that this is required and provide a list of drawings requiring updating so that all bidders include the cost of updating the drawings in their proposed price. Please clarify that the Contractor is NOT responsible to update drawings for h d h d f h

Concur that the Contractor is NOT responsible to update drawings for activities that occurred prior to the award of this new contract. Concur that the Contract is NOT required to update the as‐built drawings following decommissioning.

H.8 (a) of the official RFP that will be posted on FBO will reflect clarification of same.

31 Section C C‐2.1.1.8.3.‐ Hazardous & Radiological Materials Management

Radioactive Waste Page 22 Who owns the title of the radioactive waste during transportations and is in charge of the filling out the waste acceptance paperwork (form 540, 541, 741)or other applicable documentation? The waste generator is considered to be contractor in the RFP. Would recommend a federal entity to keep the title of the waste until delivery at the disposal site.

MARAD is the radioactive low level waste (LLW) generator for the possession, storage, packaging, and transportation of the LLW to a NRC licensed Waste Processor or Waste Disposal Facility. The contractor, as agent for MARAD, will complete all handling, packaging, and paperwork (including forms 540, 540A, 541, 541A, 542 and 542A, 741) requirements in accordance with the NRC regulations. The responsibility of the contractor ends when the LLW is in the possession of the Waste Processor or Waste Disposal Company.

32 Section C C‐2.1.1.8.4 ‐ Waste Disposal Transport Regulation Requirements

Page 23 Is there any requirement for application of other transport regulation than 10CFR49 and 10CFR 71? Please confirm the DOE transport manual is not a requirement for the transportation.

The DOE transport manual is not required for transportation of NSS wastes. The transport regulations at 10 CFR Part 71, 49 CFR Parts 171 ‐ 178, and 10 CFR Part 37 apply, as well as 1 0CFR 20, including Part 20.2006 and Appendix G.

33 Section L? Mandatory Eligibility Requirements? NRC Licensee Page 122? Who will be the DOT shipper entity (or NRC licensee)? STS, MARAD, the vessel, or the contractor? MARAD is (and will be) the NRC licensee and waste generator. The Contractor will be the shipper and will prepare all shipments and paperwork in accordance with the requirements.

34 Section C C‐2.1.1.8.3.‐ Hazardous & Radiological Materials Management

Transportation/Radiological Materials

Page 21 Does the transportation scope include transportation of other material other than the radioactive material? On page 21, the terms “radiological materials” principally applies to radioactive material. Please clarify the definition of the material to be packaged, transported and disposed of in the scope of work of this contract.

The transportation scope of hazardous and radiological wastes is covered in C‐2.1.1.8.4 ‐ Waste Disposal. This same section defines the materials to be packaged, transported and disposed.

35 Section C C‐2.1.1.5‐ Physical Security & Fire Protection

Copy of STS procedure STS‐00 Page 17 Can MARAD provide a copy of the STS procedure STS‐007‐VSP security plan? Yes, it had been made available on the NS‐Savannah RFP Contractor SharePoint Site (See SOW/Section J‐List of Attachments and Section L.1 General Instructions for details) as stated on FBO.gov. Document path is "STS Manuals and Procedures", "STS‐007 Emergency Procedures Manual", "STS‐ VSP‐001‐R0 Vessel Security Plan_UC"

36 Section L L.2 Mandatory Eligibility Requirements

Mandatory Requirements and Newly Formed LLC

Page 122 The draft RFP states that the "Offeror" must provide a fully executed contract documenting its role in decommissioning on an NRC commercially licensed power reactor." To address the case where the Offeror is a newly formed LLC, please adjust the wording as follows: "Evidence must be in the form of a full executed contract that clearly identifies the Offeror (or an Offeror LLC Team Member in the case of a newly formed LLC) that clearly identifies the Offeror or Offeror LLC team member and its role in the decommissioning. MARAD will also consider NRC generated or confirmed documentation clearly identifying the Offeror's or Offeror LLC Team Member's role in the decommissioning of an NRC licensed site."

Mandatory Eligibility requirements and instructions will be finalized with the final RFP posted to Beta.Sam.Org.

37 Overall Overall Buy American clause usage Overall 15. Does the Buy American clause apply to the new or existing transportation equipment that would be used and provided by the contractor?

The Buy American Act does not apply to the new or existing transportation equipment that would be used and provided by the contractor.

38 Section C C‐2.4.1‐ Mooring and Berthing MARAD COR/Layberthing Page 33 Excerpt from Section C‐2.4.1: “The MARAD COR for the layberth contract is currently a MARAD STS employee.”

CLINs 1‐5 description states “This CLIN covers N.S. Savannah Technical Staff and Services Contract. ” (1)What is the exact role of the MARAD COR, and is this person considered to be a key person to the contract to be specified in Section B.3? (2) Are there currently STS who are expected to continue roles as STS, and are any of those STS considered to be a key person to the contract and/or named in Section B.3? (3)Are the current STS members questioned above full time employees to MARAD or existing contractor(s)?

As stated in C‐2, the STS is a blended organization that includes MARAD direct employees, contractors and other government partners. The MARAD layberth COR is one of four (4) government full time employees assigned to the STS.

It is not a contractor key person. All four (4) of the MARAD direct employees who are part of the STS are anticipated to continue in their current roles.

39 Section L and Section M

L.5 Organization/Distribution/Number of Copies/Page Limits

Number of Copies Missing from Table

Page 123 L.5 indicates that the table includes the number of required copies, but the table does not include that information. Please update the table to include or amend narrative to state otherwise.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

40 Section L L.5 Organization/Distribution/Number of Copies/Page Limits and L.8 Volume II ‐‐ Technical Proposal

Proposal Organization Page 123 and Pages 126‐

The Proposal Organization table lists "required plans" as a requirement for inclusion in Volume II ‐‐ Technical Proposal; however, the instructions for Volume II in Section L.8 do not mention any plans that are required to be included in Volume II (other than the Sub‐Factor A Quality Assurance Plan) . The only plans listed as being excluded from page limitations are the Small Business Subcontracting Plan and the OCI Mitigation Plan, which are required in Volume I. Please clarify what if any plans are required to be submitted as part of Volume II. Are Offeror's required to submit a full copy of their Quality Assurance Plan and if so is it excluded from page limitations (if excluded from page count, please add it to the list on Page 125). If required, is the requirement for a Decommissioning Quality Assurance Plan or the Offeror's corporate overall Quality Assurance Plan? Please clarify.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

41 Section L L.5 Organization/Distribution/Number of Copies/Page Limits and L.9 Volume III ‐ ‐ Management Approach

Proposal Organization Page 123 and Pages 128

The Proposal Organization table lists "required plans" as a requirement for inclusion in Volume III; however, the instructions for Volume III in Section L.9 do not mention any plans that are required to be included in Volume III.

The only plans listed as being excluded from page limitations are the Small Business Subcontracting Plan and the OCI Mitigation Plan, which are required in Volume I. Please clarify what if any plans are required to be submitted as part of Volume III. If none are required for Volume III, than please amend the Proposal Organization table on Page 123 accordingly.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

42 Section L L.2 ‐Mandatory Eligibility Requirments

Broadening Eligibility Requirement

Page 122 &

This section indicates that the “Offerors will be required to submit evidence…”. As identified on P135 related to Past Performance evaluation would MARAD expand the eligibility requirement to apply to work “… performed by other divisions, subcontractors, or teaming contractors …“ in addition to that provided by the Offeror. We feel that broadening the Eligibility Requirement in the same fashion as you will evaluate Past Performance makes sense in terms of obtaining the desired skill sets necessary to perform the work.

The Mandatory Eligibility Requirements at L.2 will be finalized with the final RFP posted to Beta.Sam.Org.

43 Section L L.6 Proposal Format Use of 11x17 Pages Page 124 Please add a sentence to the Page Format Restrictions and Limitations paragraph to specify whether 11x17 pages that are used by Offerors within the page limited sections of the proposal for graphics, schematics, diagrams, large tables or illustrations count as one page or two pages in assessing compliance with stated page limitations.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

44 Section L L. 6 Proposal Format Page Line Spacing Page 124 Please specify that proposal pages are to be single‐spaced. Proposal instructions will be finalized in the official RFP

45 Section L L.6 Proposal Format Pages Counted Page 125 The "Pages Counted" paragraph lists both a Subcontracting Plan and a Small Business Subcontracting Plan as being excluded from page limitations. Are these referring to the same plan which is the Small Business Subcontracting Plan for submittal in Volume I? Other references in Section L always refer to "Small Business Subcontracting Plan." Please clarify.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

46 Section L L.6 Subcontracting/Teaming Arrangements and Letters of Commitment

Page 125 and

Under Volume Designation lists subcontracting/teaming arrangements and letters of commitment. This and the list of items excluded from page count are the only reference to these two items and they are not listed in the table of Proposal Organization for inclusion in Volume I. If they are required in Volume I, please list them in the instructions for Volume I and include them in the table of Proposal Organization on Page 123.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

47 Section L L.6 Proposal Format Letters of Commitment Page 125 Letters of Commitment are referenced twice on Page 125; however, there are no instructions about who the Letters of Commitment are required for and what is being committed to. Please provide instructions on the Letters of Commitment.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

48 Section L L.6 Proposal Format Subcontracting/Teaming Arrangements

Page 125 The Volume Designation paragraph in L.6 refers to "subcontracting/teaming arrangements" that must be submitted in Volume I; however, there are no instructions regarding what documentation is required for "subcontracting/teaming arrangements." Please provide instructions as to what subcontracting/teaming arrangement information must be provided in Volume I.

Proposal instructions will be finalized in the official RFP posted to Beta.Sam.Org.

49 Section L L.8 Sub‐factor A Missing item c) Page 127 L.8 Sub‐factor A contains lettered bullets and the lettering goes from b) to d), skipping c). Please confirm that an item c) is not missing/omitted and that this is simply a lettering error.

Noted. Sub‐factors will be clarified in the official RFP posted to Beta.Sam.Org.

50 Section L L.9 Volume III ‐‐ Management Approach

Title of Volume III Page 128 The RFP refers to the title of Volume III as both the "Management Approach" and the "Management Proposal."

Volume II is titled "Technical Proposal". Please clarify that "Management Proposal" should be used by Offerors at the title for Volume III.

Yes, Management Approach and Management Proposal are synonymous.

51 Section L L.11 Volume V ‐‐ Price Pricing Page 129‐130 Please provide an escalation factor for all bidders to use for TSIM option years so that escalation will be done consistently.

MARAD will consider providing an appropriate escalation factor.

52 Section L and Section K

L.12 Debriefings Representations and Certifications

Page 130 and

Please specify who is required to submit Representations and Certifications. In cases where the Offeror will be a newly formed entity, all members of that entity should complete Representations and Certifications. Please confirm. In addition, are Representations and Certifications required for team subcontractors or just for the Offeror/members of an LLC that comprise the Offeror.

Only the Offeror shall ensure completion of annual representations and certifications electronically in the System for Award Management (SAM), as required by the

FAR.

53 Section C C‐2.1.1.1. Nuclear Quality Assurance Nuclear Quality Assurance Page 15 “MARAD applies DQAP requirements to non‐safety‐related SSCs at its discretion .” Since QA requirements and costs for SSCs that are safety related tends to be higher than non‐safety related SCCs, such discretion (if applied) would increase related costs above any projected baseline. Contract should allow for contractor costs to go up proportionally to the degree of discretion imposed on the contractor for non‐safety SSCs, and would be difficult to estimate especially if under a fixed price contract. Can we please obtain a copy of the Quality Assurance Manual?

MARAD is reviewing these recommendations. Any changes made to such clauses will be reflected in the official RFP that will be posted on Beta.Sam.Org.

54 Section L L.12 Debriefings Volume for Additional Submittal Requirements Listed in L.12

Page 130 L.12 Debriefings lists several items that are required to be submitted as part of the proposal, but many of these items are not listed in the L.5 Table Titled Proposal Organization. Please provide direction as to which proposal volume the following required items are to be included in: Authorized Offeror Personnel; Company Address, Identifying Codes, and Applicable Designations; Representations and Certifications and Other Statements of Offerors; and Small Business Subcontracting Plan. Should all of these be submitted as part of Volume I? Please update the table to include all items required for compliant proposal submittal.

Proposal instructions will be finalized in the official RFP

55 N/A N/A Comment N/A A Firm Fixed price approach on scope items that carry high degrees of risk and uncertainty force contractors to either include contingency costs and or protect themselves with large numbers of bounding assumptions. The end result for MARAD may be processing scope change requests, considerable efforts in contract negotiations and potentially a contentious relationship with the successful bidders. In cases where the scope is well defined and there are few unknowns, FFP works well for both parties. However, some areas of Decommissioning projects historically have more risk such as waste disposal volumes, regulatory and licensing uncertainties.

Consideration should be given to contracting models that encourage both parties to share information, collaborate and reduce overall costs while rewarding cost effective performance by the contractor. A target cost model incentivizes the D&D contractor to perform in a safe and efficient manner to increase the profit margin while keeping the overall project costs as low as practical.

Noted. This procurement is considered commercial services and it will be competed in accordance with FAR Parts 12, 15, 6 and 5.

56 Section B B. 1. Overview Contract Type 1 The type of transport, the required equipment and the number of transports cannot be assessed without preliminary estimates of the waste characterization and volumes of material. A FFP contract for the packaging, transportation and transportation is not possible at this stage. Would recommend a FFP contract for the preliminary characterization and then requesting via a second phase a FFP contract for the packaging, transportation and disposal scope once the preliminary characterization is done. Or consider a hybrid FFP/T&M/CPFF approach to the procurement as it is written with FFP assigned to characterization and T&M or CPFF assigned to the remaining scope.

MARAD is reviewing these recommendations. Any changes made to the acquisition approach will be reflected in the official RFP that will be posted on Beta.Sam.Org.

57 Section B.3 TSIM Decommissioning Support (CLIN 0006)

Contract Type Pages 9, 10 &11

Given the inherent uncertainties, risks and one‐a‐kind nature associated with the CLIN 006 and CLIN 007 SOW we believe these CLIN’s should not be performed on a Firm Fixed Price basis. We ask that MARAD consider some form of cost model that promotes partnering as well the cost effective delivery of the SOW.

MARAD is reviewing these recommendations. Any changes made to the acquisition approach will be reflected in the official RFP that will be posted on Beta.Sam.Org.

58 N/A N/A Mandatory Eligibility Requirements

N/A We recommend the mandatory eligibility requirements in the RFP be broadened to include companies’ other departments’ experience. The draft RFP didn’t explicitly state you can claim experience of a different department/subsidiary. Please confirm that you can.

Mandatory Eligibility requirements and instructions will be finalized with the final RFP posted to Beta.Sam.Org.

59 Section H H.5.3‐Indemnification Indemnification Page 72 The following changes are suggested:, "The Contractor agrees to indemnify and hold the United States, MARAD, and its employees and agents (the “Indemnified Parties”) harmless against all claims, demands, or causes of action to which the Indemnified Parties might be subject as a result of damage or injury (including death) to the property or person of anyone other than the Indemnified Parties, arising from the negligence or willful misconduct of the Contractor. Such Contractor indemnification obligation: (i) being limited, in amount, to compensation paid under Contractor’s insurance policies plus Contractor’s fee or profit under the Contract and

(ii) not applying where the personal injury or property damage: (A) arises from the negligence or willful misconduct of one or more Indemnified Parties; (B) is recoverable under Workers Compensation; (C) unless caused by the willful misconduct of the Contractor’s directors, officers, managers or superintendents as defined at FAR 52.228‐7(e)(3) is to the vessel or other government property, and/or (D) is subject to nuclear indemnity or financial protection.

As to loss and damage which are the responsibility of the Government, the Government shall be subrogated to any claim, demand or course of action against third parties which exists in favor or the Contractor, and the Contractor shall, if required, execute a formal assignment or transfer of such claim, demand or course of action, and shall aid in securing information, evidence, obtaining of witnesses, and cooperate with MARAD in all matters MARAD may deem necessary in defense of any claim, or suit or appeal from any judgment or in effecting indemnity, provided further that nothing contained in this paragraph shall create or give rise to any right, privilege or power in any person except the Contractor, nor shall any person (except the Contractor) be or become entitled thereby to proceed directly against the Government, its agencies or instrumentalities, or to join the Government, it agencies or instrumentalities, as a codefendant in any action against the Contractor brought to determine the Contractor's liability or for any other purpose.

The indemnity includes, without limitation, suits, actions, claims, costs, or demands of any kind, resulting from death, personal injury, or property damage occurring during the period of performance of work on the vessel or within 90 days after redelivery of the vessel. For any claim, etc., made after 90 days, the rights of the parties shall be as determined by other provisions of this contract and by law. The indemnity does apply to death occurring after 90 days where the injury was received during the period covered by the indemnity."

MARAD is reviewing the indemnification clauses. Any changes made to such clauses will be reflected in the official RFP that will be posted on Beta.Sam.Org.

60 Nuclear Indemnification Under a NRC licensed reactor, nuclear indemnification should apply (PAAA). Will the contractor be indemnified for nuclear liability, and under what nuclear indemnification program?

The Government will not indemnify the contractor for nuclear liability.

61 H. 5.3 Indemnification Indemnification Page 72 H.5.3; Will indemnification obligations be limited to damages due to the negligence or willful misconduct of Contractor; Will there be a limitation on liability, including waive of consequential damages?

MARAD is reviewing the indemnification clauses. Any changes made to such clauses will be reflected in the official RFP that will be posted on Beta.Sam.Org.

62 Section H H.6‐ Claims & Litigation Jones Act Page 73 Why will Contractor employees be deemed covered under the Jones Act, given that they are covered by workers compensation and the vessel will not be leaving port while the work is performed? Would this apply to subs of Contractor?

Status as a Jones Act seaman depends on many factors, including but not limited to location and duration of work performed. Under certain circumstances subcontractor employees may be considered Jones Act seamen. The applicability of state worker's compensation laws may be affected by a person's status as a Jones Act Seaman.

63 Section K K.1. US Citizenship Affidavit Page 97 Please advise of the legal authority requiring the US Citizenship affidavit. The reference to 46 CFR 356.13 was confusing, as it seems to refer to fishing type vessels.

Please see 46 C.F.R. Part 315 for citizenship requirements.

64 Section L and Section M

L.2 Mandatory Eligibility Requirements and M.2 Mandatory Eligibility Requirements

Section L.2 and M.2 Eligibility Requirements Not Aligned

Page 131 and

The "Mandatory Eligibility Requirements" listed in L.2 and M.2 do not match each other. Different requirements are listed in each. How will the Government evaluate the L.2 requirement for NRC decommissioning planning and execution experience? L.2 does not include any requirements for submittal of the Affidavit of US Citizenship and supporting documents or Certificate of Documented Coastwise Endorsement Vessel. We recommend the government remove all text from section M.2 and replace with the requirements provided in section L.2. Please reconcile.

Mandatory Eligibility requirements and instructions will be finalized with the final RFP posted to Beta.Sam.Org.

65 Section K Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran‐ d f

FAR 52.225‐25 Page 120 FAR 52.225‐25 (Iran Sanctions): does this apply beyond the offeror entity? Other entities, such as subs, which are not the offeror, would not be in a position to respond to the offeror.

Yes, it includes offeror, partnerships, business association, financial institution, and other nongovernmental entity or organization.

66 Section M M.2. Mandatory Eligibility Requirements

Page 131 Section M.2 MANDATORY ELIGIBILITY REQUIREMENTS, page 131: The second paragraph of this section states “The Government will evaluate the information Certification of Documented Coastwise Endorsement Vessel submitted in the Executive Summary volume to evaluate whether the Offeror has, within the last seven years, constructed, or managed the construction of, a vessel(s) of comparable size, scope or complexity that was documented with a coastwise endorsement.” We request that MARAD delete this paragraph as the majority of the scope of work associated with the NS Savannah is the removal of…